HomeMy WebLinkAboutO-2021-3849 Amending Chapter 94 "Floods" of the Code of Ordinances by adding new definitions and incorporating updated regulations related to flood hazardsORDINANCE 2021-3849
AN ORDINANCE AMENDING CHAPTER 94 "FLOODS" OF THE CODE OF
ORDINANCES BY ADDING NEW DEFINITIONS AND INCORPORATING UPDATED
REGULATIONS RELATED TO FLOOD HAZARDS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94, "Floods", of the La Porte, Texas, Code of Ordinances is hereby
amended in its entirety and shall hereinafter read as follows:
"Chapter 94- FLOODS
ARTICLE I. - IN GENERAL
Secs. 94-1-94-30. - Reserved.
ARTICLE II. - FLOOD HAZARD REDUCTION
DIVISION 1. - GENERALLY
Sec. 94-31. - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give
them the meaning they have in common usage and to give this ordinance its most reasonable
application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high -velocity flows; active processes of erosion,
sediment transport, and deposition; and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant structure means a structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of moderate flood hazard is the land between the limits of the base flood and the 0.2-percent
annual -chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B
or X (shaded).
Area of future conditions flood hazard means the land area that would be inundated by the one
percent annual chance (100-year) flood based on future conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's
flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the path
of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year. The area may be designated as zone A on the flood
hazard boundary map (FHBM). After detailed rate making has been completed in preparation for
publication of the FIRM, zone A usually is refined into zones A, AO, AH, Al-30, AE, A99, AR, AR/Al -
30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
Coastal AE zone means the area subject to inundation by the one -percent annual -chance flood event
that is also within the area of limited to moderate wave action as shown on the community's FIRM.
Critical feature means an integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Development means any manmade change to improved and unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
Elevated building means, for insurance purposes, a non -basement building, which has its lowest
elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Existing construction means for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Five -hundred (500) year floodplain elevation means the elevation of surface water resulting from a
flood that has a 0.2-percent chance of equaling or exceeding that level in any given year. The 500-
year floodplain elevation is shown on the flood insurance rate map for zones B and X (shaded).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood insurance study (FIS). See "flood elevation study."
Floodplain or flood -prone area means any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. See "regulatory floodway."
Functionally dependent use means a use, which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic preservation
programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior or;
b. Directly by the Secretary of the Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as to
provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an
area other than a basement area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation of the applicable non -elevation design
requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected
to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's flood insurance rate map are referenced.
Moderate flood hazard area. See "area of moderate flood hazard."
New construction means, for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively
steep seaward and landward slopes immediately landward and adjacent to the beach and subject
to erosion and overtopping from high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep
slope to a relatively mild slope.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or
less when measured at the largest horizontal projections; (III) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. " See "area of special flood hazard. "
Start of construction (For other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the
date the building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for
basement, footings, piers or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however,
include either: (1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions or (2)
any alteration of a "historic structure", provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
Variance means a grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
Sec. 94-32. - Statutory authorization.
The Legislature of the State of Texas has in Article 8280-13 V.T.C.S. delegated the
responsibility of local governmental units to adopt regulations designed to minimize flood losses.
Sec. 94-33. - Findings of fact.
(1) The flood hazard areas of La Porte, Texas are subject to periodic inundation, which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and relief,
all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
Sec. 94-34. - Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood -prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 94-35. - Lands to which this article applies.
The article shall apply to all areas of special flood hazard and moderate flood hazard within
the jurisdiction of City of La Porte, Texas.
Sec. 94-36. - Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this article and other applicable regulations.
Sec. 94-37. - Interpretation.
In the interpretation and application of this article, all provisions shall be; (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under state statutes.
Sec. 94-38. - Basis for establishing the areas of special flood hazard and moderate flood hazard.
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The areas of special flood hazard and moderate flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering report entitled, "The Flood
Insurance Study (FIS) for City of La Porte, Texas" dated June 18, 2007, with accompanying flood
insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) dated June 18,
2007, and any revisions thereto are hereby adopted by reference and declared to be a part of this
article. A true and correct copy of said study and maps is on file in the office of the City Engineer of
the City of La Porte.
Sec. 94-39. - Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times
of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
Sec. 94-40. - Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this article and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 94-41. - Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by manmade or natural causes. This
article does not imply that land outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This article shall not create liability on the
part of the community or any official or employee thereof for any flood damages that result from
reliance on this article or any administrative decision lawfully made hereunder.
DIVISION 2. - ADMINISTRATION
Sec. 94-61. - Designation of the floodplain administrator.
The city engineer or his/her designated appointee is hereby appointed the floodplain
administrator to administer and implement the provisions of this ordinance and other appropriate
sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain management.
Sec. 94-62. - Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the floodplain administrator shall include, but not be limited to,
the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(2) Review permit application to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this article.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the floodplain administrator
shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating
agency which is Texas Commission on Environmental Quality, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with section
94-38, the floodplain administrator shall obtain, review and reasonably utilize any
base flood elevation data and floodway data available from a federal, state or other
source, in order to administer the provisions of division 3.
(9) When a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within zones Al-30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
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development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
(10) Under the provisions of 44 CFR_Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in
zones Al-30, AE, AH, on the community's FIRM which increases the water surface
elevation of the base flood by more than one foot, provided that the community first
completes all of the provisions required by Section 65.12.
Sec. 94-63. - Establishment of development permit.
A floodplain development permit shall be required to ensure conformance with the provisions
of this article.
Sec. 94-64. - Permit procedures.
(1) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard or moderate flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all
new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
(c) A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of section 94-87(2);
(d) Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development;
(e) Maintain a record of all such information in accordance with section 94-62(1);
(2) Approval or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with existing and anticipated development;
(e) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
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(f) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use.
Sec. 94-65. - Variance procedures.
(1) The appeal board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this article.
(2) The appeal board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this article.
(3) Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(4) The floodplain administrator shall maintain a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the state inventory of historic places,
without regard to the procedures set forth in the remainder of this article.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the relevant factors
in section 94-64(2) have been fully considered. As the lot size increases beyond the one-
half half acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this article, the appeal
board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this article (section 94-34).
(8) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii)
a determination that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in section 94-65(1)—(9) are met, and (ii)
the structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
Secs. 94-66-94-85. - Reserved.
DIVISION 3. - STANDARDS
Sec. 94-86. - General standards.
In all areas of special flood hazards and moderate flood hazards the following provisions are
required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All residential new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed to be elevated at least one foot above the base flood elevation,
or at or above the riverine 500-year floodplain elevation, whichever is higher, so as to prevent
water from entering or accumulating within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
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(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
(7) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(8) Require within all zones adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
(9) Compensating floodplain mitigation will be required for any fill placed below the riverine
base flood elevation and/or riverine 500-year floodplain elevation for any new construction or
substantial improvements, including fill placed in a Coastal AE zone that is below the riverine
100- or 500-year water surface elevations.
Sec. 94-87. - Specific standards.
In all areas of special flood hazards and moderate flood hazards where base flood elevation
and/or riverine 500-year floodplain elevation data has been provided as set forth in (i) section 94-38,
(ii) subsection 94-62(8), or (iii) subsection 94-88(3), the following provisions are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated at
least one foot above the base flood elevation or at or above the riverine 500-year
floodplain elevation, whichever is higher. A registered professional engineer,
architect, or land surveyor shall submit a certification to the floodplain administrator
that the standard of this subsection as proposed in section 94-64(1)(a), is satisfied.
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to or above the base flood elevation or at
or above the riverine 500-year floodplain elevation, whichever is higher, or together
with attendant utility and sanitary facilities, be designed so that below the base flood
elevation or the riverine 500-year floodplain elevation, whichever is higher; the
structure is watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for
the construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A
record of such certification which includes the specific elevation (in relation to mean
sea level) to which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3) Enclosures. New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking of vehicles,
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building access or storage in an area other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a. A minimum of two openings on separate walls having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within zone A on a
community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated at least one foot above the base flood
elevation and anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top
or frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially
improved within zones Al-30, AH, and AE on the community's FIRM on
sites (i) outside of a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on
a permanent foundation such that the lowest floor of the manufactured
home, as well as any electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities affixed thereto, is
elevated at least one foot above the base flood elevation or at or above
the riverine 500-year floodplain elevation, whichever is higher, and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with zones A1-
30, AH and AE on the community's FIRM that are not subject to the provisions
of paragraph (4) of this section be elevated so that the lowest floor of the
manufactured home is elevated at least one foot above the base flood
elevation or at or above the riverine 500-year floodplain elevation,
whichever is higher.
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(5) Recreational vehicles. Require that recreational vehicles placed on sites within
zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer
than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii)
meet the permit requirements of section 94-64(l), and the elevation and anchoring
requirements for "manufactured homes" in paragraph (4) of this section. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions.
Sec. 94-88. - Standards for development proposals.
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with sections 94-33, 94-34, and 94-39.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet floodplain development permit
requirements of section 94-63; section 94-64; and the provisions of division 3 of this
ordinance.
(3) Base flood elevation and/or riverine 500-year floodplain elevation data shall be generated
for subdivision proposals and other proposed development including the placement of
manufactured home parks and subdivisions which is greater than 50 lots or five acres,
whichever is lesser, if not otherwise provided pursuant to section 94-38 or subsection 94-
62(8) of this article.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
Sec. 94-89. - Standards for areas of shallow flooding.
Located within the areas of special flood hazard established in section 94-38, are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of one to three feet where a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures shall
have the lowest floor (including basement) elevated at least one foot above the base
flood elevation or at or above the riverine 500-year floodplain elevation, whichever is
higher, or one foot above the highest adjacent grade at least as high as the depth
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number specified in feet on the community's FIRM (at least three feet if no depth
number is specified).
(2) All new construction and substantial improvements of nonresidential structures
shall have the lowest floor (including basement) elevated at least one foot above the
base flood elevation, one foot above the highest adjacent grade at least as high as
the depth number specified in feet on the community's FIRM (at least three feet if no
depth number is specified), whichever is higher, or
b. Together with attendant utility and sanitary facilities be designed so that below
one foot above the base specified flood depth in an AO zone, or below one foot
above the base flood elevation in an AH zone, the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
floodplain administrator that the standards of this section, as proposed in section 94-
63 are satisfied.
Sec. 94-90. - Floodways.
Located within areas of special flood hazard established in section 94-38 of this chapter are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2) If section 94-90(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
division 3.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulation, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the community first completes all of the provisions required by Section
65.12.
Sec. 94-91. - Coastal high hazard areas.
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Located within the areas of special flood hazard established in section 94-38 of this chapter
are areas designated as coastal high hazard areas (zones V1-30, VE, and/or V). These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave
wash; therefore, in addition to meeting all provisions outlined in this chapter, the following provisions
must also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a
basement. The floodplain administrator shall maintain a record of all such
information.
(2) All new construction shall be located landward of the reach of mean high tide.
(3) All new construction and substantial improvements shall be elevated on pilings
and columns so that:
(i)The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to at least one foot above the
base flood level or at or above the riverine 500-year floodplain elevation,
whichever is higher.
(ii)The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Water
loading values used shall be those associated with the base flood. Wind
loading values used shall be those required by applicable state or local
building standards. A registered professional engineer or architect shall
develop or review the structural design, specifications and plans for the
construction, and shall certify that the design and methods of construction to
be used are in accordance with accepted standards of practice for meeting
the provisions of (3)(i) and (ii) of this section.
(4) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system.
For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local or state codes) may be
permitted only if a registered professional engineer or architect certifies that the
designs proposed meet the following conditions:
(i)Breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
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(ii)The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading values
used shall be those associated with the base flood. Wind loading values used
shall be those required by applicable state or local building standards. Such
enclosed space shall be useable solely for parking of vehicles, building
access, or storage. Such space shall not be used for human habitation.
(5) Prohibit the use of fill for structural support of buildings.
(6) Prohibit manmade alteration of sand dunes and mangrove stands that increase
potential flood damage.
(7) Manufactured homes. Require that manufactured homes placed or substantially
improved within zone V1-30, V, and VE on the community's FIRM on sites (i) outside
of a manufactured home park or subdivision, (ii) in a new manufactured home park
or subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, meet
the standards of paragraphs (1) through (6) of this section and that manufactured
homes placed or substantially improved on other sites in an existing manufactured
home park or subdivision within zones V1-30, V, and VE on the community's FIRM
meet the requirements of subsection 94-87(4) of this article.
(8) Recreational vehicles. Require that recreational vehicles placed on sites within
zones V1-30, V, and VE on the community's FIRM either (i) be on the site for fewer
than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii)
meet the requirements in -section 94-63 of this article and paragraphs (1) through (6)
of this section. A recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
Sec. 94-92. - Coastal AE zone.
Located within the special flood hazard area established in section 94-87 of this article are
areas within the AE flood zone designated for limited to moderate wave action. These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash;
therefore, all development must meet the criteria set forth in section 94-91 and subsection 94-87(3) of
this article.
Sec. 94-93. - Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this article and other applicable regulations. Violation of the
provisions of this article by failure to comply with any of its requirements (including violations of
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conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,000.00 for each violation, with each day
constituting a separate violation, and in addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent City of La Porte from taking such other lawful action
as is necessary to prevent or remedy any violation.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision ofthe ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 3. E'ach and every provision, paragraph, sentence and clause Of this Ordinance has been
separately considered kind passed by the City COL11161 ofthe City of La Porte, Texas, and each said
provision would have been separately passed Without any other provision, and if any provision hereof'
shall be ineffiective, invalid or, unconstitutional, for any cause, it shall not impair or affect the
remaining porl.ion, or any part thereof, but the valid portion shall be in force just as Wit had been
passed alone.
Seefion4. All oi-cliaiaiicesorparts of'(�)i-cliiiaiices in conflict herewith are hereby repealed tothe extent
of such conflict only.
Section 5. '1 1 Ile City Council officially finds, determines, recites and declares that a sufficient
written notice ofthe date, hour, place and Subject of this meeting ofthe City Council is posted at
as place convenient to the public kit the City I lall ofthe city for the time required by law preceding
this meeting, as required by Chapter 551,Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon, The City Council further ratifies,
approves and COulif-ITIS such written notice and the contents and posting thereof.
Section 6. ']'his ordinance shall be effective fourteen (14) days after its passage and approval. The
City Secretary shall give notice ofthe passage ofthis ordinance by causing the caption hercofto
be published in the official newspaper ofthe City ol'La Porte at least once within ten (10) days
alter the passa9 e of this ordinance.
PASSED AND APPROVI..,"D this the clay 2021.
CITY OF LAVIORTE,TEXAS
X,
Loui's,R.)Ugby, C!Vor
ATTEST: APPROVED AS TO FORM:
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C � 0 ciward, reQ y Clark 1'. Askin s, Assistant City Attorney
ff
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